CASA EX19/24 – Indoor Operation of RPA Near People and BVLOS – Exemption Instrument 2024

Key definitional and conceptual building blocks are in clause 3 and the Schedule. The instrument operationalises three interacting concepts: the type of RPA and operation covered (relevant RPA, internal operation, transit operation), the parties eligible for exemption (RPA operator and remote pilot, with limitations), and the conditional framework that replaces the exempted Part 101 requirements.

Relevant RPA and relevant operation: “relevant RPA” means a micro RPA or a very small RPA whose gross weight does not exceed 1050 g (cl 3(1)). A “relevant operation” is the use of such an RPA in an internal operation for the purpose of an ESRO (cl 3(1)). “Internal operation” is defined to include operation within a building, a structure, a naturally occurring space, or another human‑created space and within 30 m of a person, whether or not the RPA could physically exit the internal place if control were lost (cl 3(1)). This definition captures activities that would typically be thought of as indoor, but it is written to catch enclosed or semi‑enclosed environments where the RPA may be no more than 30 m from people.

Eligibility and scope: The instrument applies to RPA operators and remote pilots for relevant operations (cl 4(1)). However, until 30 September 2024 the instrument only applies where the RPA operator is a police force or service and the remote pilot is a sworn police officer of that operator (cl 4(3)). The instrument also treats training for ESROs as an ESRO for the purpose of the instrument (cl 4(2)). The RPA operator must be a holder of a Remotely Piloted Aircraft Operator’s Certificate (ReOC) under Part 101 (cl 3(1) defns; note in cl 3 and cl 4).

Exempted regulatory requirements and conditional replacement: Clause 5(1) lists the specific Part 101 provisions from which the RPA operator and remote pilot are exempt during a relevant operation. Those exemptions are subject to the detailed conditions in Schedule 1, which are mandatory for the exemption to be enjoyed (cl 5(2); Schedule 1 cl 1). Schedule 1 replaces the exempted rules with a prescriptive compliance regime focused on risk assessments (clause 2), operational limits on speed and height and proximity to people (clause 4 and Table 4.4), prohibition on use of RPA as a use of force (clause 3), specific engineering/airworthiness mitigations (no exposed rotating parts for unshielded ops, cl 4.1(e); failsafe method details in cl 6.1(a)(iv)), documented practices and procedures requirements (clause 6), reporting obligations to CASA (clause 7) and a requirement to facilitate CASA observation of operations on request (clause 8).

Operational controls: The Schedule sets explicit controls. The operator must conduct and document a risk assessment before each relevant operation (cl 2.1-2.3). RPA flight control limits are required: a maximum speed limit of 5 m/s must be set in the flight controller such that exceeding that speed requires an intentional deliberate override by the remote pilot (cl 4.2). For shielded ESROs the speed limit is 5 m/s and height restricted to 3 m (cl 4.3). For ESROs involving unshielded persons, Table 4.4 sets graduated speed and height limits based on proximity bands: 5-30 m, and 1-5 m, including permitted temporary increased speeds if the risk assessment covers the implications (cl 4.4-4.5). No continuous overflight of any person or moving vehicle is permitted (cl 4.6). Transit operations (approach/exit) have a height limitation relative to the tallest structure within 150 m (cl 5).

Record, training and procedural controls: The operator’s documented practices and procedures must be CASA‑approved (definition note) and include a schedule of RPA equipment and configurations, failsafe methods to eliminate exposed rotating parts where required, instructions for compliance with speed/height limits, shield assessment, control link monitoring and loss of link procedures, training/testing and record retention, processes for risk assessment and abnormal operating procedures (cl 6.1). The operator must conduct operations in accordance with those practices (cl 6.2) and the instrument prevails over any inconsistency (cl 6.3).

Data collection and oversight: The relevant officers (Commissioner and CEO) must provide monthly de‑identified operational data to CASA for the instrument’s duration, and must notify CASA within 72 hours if an RPA impacts a person or damages property during a relevant operation (clause 7). CASA may request an Executive Manager to have an officer observe relevant operations; the police force or service must make arrangements to allow observation at CASA’s expense (clause 8).

Temporal and interpretive links: The instrument links to other regulatory instruments by reference (terms not defined take their meaning from the Civil Aviation Act 1988 and its regulations, cl 3(3)) and to specific CASR regs noted for exemption (cl 5(1)). The documented practices and procedures concept is expressly given the meaning from the Part 101 Manual of Standards and must be approved by CASA (cl 3(1) note; cl 6.1).

Primary affected parties are narrowly defined and conditional. The instrument applies to RPA operators and their remote pilots when conducting a “relevant operation” as defined (cl 4(1)). A relevant operation is the use of a micro or very small RPA (≤1050 g) in an internal operation for the purpose of an emergency service RPA operation (cl 3(1)). The instrument’s application is therefore not universal for all emergency services: until the end of 30 September 2024 the instrument only applies if the RPA operator is a police force or service and the remote pilot is a sworn police officer of that operator (cl 4(3)). The instrument also applies to training for an ESRO (cl 4(2)). The RPA operator must hold a ReOC (cl 3(1) defn of RPA operator and cl 4(3) requirement).

Roles and responsibilities defined in the instrument:

• RPA operator: defined as the police force or service that is the holder of a ReOC (cl 3(1)). The operator is responsible for maintaining documented practices and procedures required by Schedule 1, providing monthly de‑identified data and timely incident reports to CASA (clause 7), and making arrangements for CASA observers if requested (clause 8). Clause 6.1 lists substantive documentation, equipment and procedures the operator must have in place.
• Remote pilot: must be a holder of a remote pilot licence or be taken to hold one under subreg 202.461(3) of CASR, be the pilot in control of the relevant RPA, act at the direction of their RPA operator, and meet any other qualifications and experience specified in the operator’s documented practices and procedures (cl 3(1) definition of remote pilot). For the exemption to apply during the instrument’s currency, the remote pilot must be a sworn police officer where cl 4(3) applies.
• Relevant officers: the Commissioner and chief executive officer (however described) of each RPA operator who takes the benefit of the instrument must fulfil the reporting obligations in clause 7 (cl 7.1). These officers are the responsible points for monthly de‑identified reporting and 72‑hour incident reporting.

Excluded or indirectly affected parties:

• Other emergency services (non‑police) are excluded from taking the benefit of the instrument during its currency unless they meet the police operator and sworn remote pilot requirement in cl 4(3). The instrument does not grant an exemption to private operators, civilian emergency services not structured as police forces, or to remote pilots who are not sworn police officers within the time limit (cl 4(3)).
• Members of the public and persons present in internal places are affected indirectly because Schedule 1 governs proximity, speed and shield requirements intended to mitigate risk to persons and property (Schedule 1 clauses 2-4). Individuals inside internal places could be “unshielded persons” (cl 3(1) defn), in which case stricter speed and height limits apply (Table 4.4).

Temporal limitation and effect on ongoing operations:

• The instrument is time‑limited and ceases at the end of 30 September 2024 (cl 2(b)). Any operations outside that period are not covered by the exemptions. The instrument also explicitly treats training as an ESRO (cl 4(2)), so training by an eligible police operator with a sworn remote pilot can take place under the instrument.

Dependencies on other regulatory statuses:

• The operator must hold a ReOC under Part 101; the remote pilot must hold (or be taken to hold) a remote pilot licence as per CASR references (cl 3(1)). The documented practices and procedures must be those given meaning in the Part 101 Manual of Standards and must be approved by CASA (cl 3(1) note; cl 6.1). Non‑possession of the required ReOC, remote pilot licence, or CASA‑approved documented practices and procedures will prevent an operator from taking the benefit of the exemptions.

The instrument creates a specific set of duties as conditions to obtain and retain the exemptions, and it also establishes certain operational rights by way of the exemptions from Part 101. These duties are primarily set out in Schedule 1.

Core duties (conditions for the exemption):

• Comply with Schedule 1: The benefit of the exemption is conditional on compliance with every requirement in Schedule 1 for the relevant operation (Schedule 1 cl 1). Failure to meet these requirements means the operator and remote pilot do not have the exemption for that operation.
• Risk assessment: Before any relevant operation, the operator must carry out a risk assessment in accordance with the operator’s documented practices and procedures (Schedule 1 cl 2.1). The risk assessment must consider factors that may cause the RPA to impact on a person or property, including causes and consequences of mode interruption, malfunction or failure, and the possibility of requiring a speed increase (cl 2.2). An operation must not commence unless the risk of serious injury is assessed as having minimal probability and the risk of property damage is as low as reasonably practicable (cl 2.3).
• Prohibition on use of force: The RPA must not be used by a remote pilot as a use of force (Schedule 1 cl 3).
• Flight proximity, speed and height restrictions: The RPA may be operated within 30 m of a person but no closer than 1 m, must be operated at the slowest practicable speed consistent with achieving a successful outcome, must move only where the remote pilot has visibility in the direction of travel (via direct sight, observer or live electronic image), and must comply with speed and height restrictions in Schedule 1 cl 4 (cl 4.1). For unshielded persons, Table 4.4 prescribes speeds, permitted increased speeds subject to risk assessment, and heights based on proximity bands (cl 4.4-4.5). There must be no continuous overflight of any person or moving vehicle (cl 4.6).
• Flight controller speed limit: Before commencement of a relevant operation, the flight controller must be set to limit maximum speed to 5 m/s and configured such that only an intentional and deliberate overriding action by the remote pilot could cause that maximum to be exceeded (cl 4.2). This applies even in the event of GNSS failure (note in cl 4.2).
• Exposed rotating parts mitigation: For operations involving an unshielded person the RPA must have no exposed rotating parts that could lacerate human skin upon impact (cl 4.1(e)). For shielded operations this requirement is not mandated but CASA recommends avoiding exposed rotating parts (note).
• Transit operation constraint: For a transit operation the RPA must not be flown at a height greater than the height of the tallest structure within 150 m horizontally of the RPA (Schedule 1 cl 5).
• Documented practices and procedures: The operator must maintain CASA‑approved documented practices and procedures that include the schedule of RPA, configuration and weight confirmations, failsafe method ensuring no exposed rotating parts (where required), instructions for compliance with speed/height restrictions, shield assessment details, control link monitoring procedures and loss of link procedures, training and testing procedures, record keeping, how risk assessments are to be conducted and retained, and abnormal operating procedures (cl 6.1). Operations must be conducted in accordance with those documented practices and procedures (cl 6.2).
• Data collection and reporting: The relevant officers must collect and provide monthly de‑identified details of relevant operations to CASA (cl 7.2), and must provide details within 72 hours if an RPA impacts a person or damages property during a relevant operation (cl 7.3). The instrument specifies the data fields required (cl 7.2(a)-(g)).
• CASA observation: On written request by an Executive Manager of CASA, the police force or service must make arrangements for a CASA officer to observe a relevant operation at CASA’s expense (clause 8).

Rights and regulatory relief:

• Exemptions from specific Part 101 provisions: When an operator and remote pilot comply with Schedule 1, they are exempt from reg 101.073 (BVLOS), reg 101.095 (weather/day limits), reg 101.245 (operations near people), reg 101.280 (operations over a populous area), para 101.300(4)(b) (certain remote pilot licence conditions) and subreg 101.300(6) insofar as it relates to para 101.300(4)(b) (cl 5(1)). This creates operational rights to operate BVLOS indoors, near people, and potentially over populous areas in ways that would otherwise be prohibited absent exemption, subject to the instrument’s conditions.

Interpretive and precedence provision:

• Instrument prevails over operator’s documented practices and procedures where there is an inconsistency (cl 6.3), making the instrument the immediate regulatory benchmark for those specific operations.

Implicit enforcement linkage:

• While the instrument itself does not create specific civil or criminal offences, it conditions the exemptions on compliance, so failure to comply removes the regulatory relief and leaves the operator and remote pilot subject to the Part 101 requirements from which they had been exempted (see cl 5(2) and Schedule 1 cl 1). The instrument also creates express reporting duties to CASA (clause 7), the breach of which may have regulatory consequences under broader aviation safety regimes even though specific sanctions are not set out in the instrument text.

The instrument does not itself create new criminal offences or specify civil penalties; it operates by conditionally granting exemptions from particular Part 101 requirements and by imposing compliance and reporting obligations as conditions of that exemption. The text therefore creates an enforcement structure based on conditionality, reporting and CASA oversight rather than specifying new statutory penalties within the instrument.

Conditionality and loss of exemption: Each exemption in cl 5(1) is expressly made subject to the conditions in Schedule 1 (cl 5(2); Schedule 1 cl 1). The instrument therefore establishes that compliance with Schedule 1 is a precondition to enjoying the exemption. The legal consequence of failing to meet those conditions, as reflected in the instrument’s structure, is that the operator and remote pilot will not lawfully have the exemption and must instead comply with the underlying Part 101 requirements. The instrument does not itself state an enforcement step such as the formal withdrawal of an exemption; rather it conditions the legal availability of the exemption on compliance. In practice, failure to meet conditions will expose the operator and remote pilot to enforcement action under the unexempted provisions of CASR and associated enforcement powers under the Civil Aviation Act and Part 101, to the extent those powers apply, but those powers and sanctions are not set out in the instrument itself.

Reporting obligations and timeliness: Clause 7 imposes record‑keeping and reporting duties on the relevant officers. Monthly de‑identified operational data must be provided to CASA before the end of each month for the instrument’s duration (cl 7.2). If an RPA impacts a person or damages property during a relevant operation, the specified operational details must be provided to CASA within 72 hours of completion of the operation (cl 7.3). These reporting duties create an oversight mechanism; the instrument does not state the specific consequences for failing to report, but non‑reporting would mean failure to comply with the conditions that confer the exemption.

CASA observation power: Clause 8 requires a police force or service that has used, or intends to use, the instrument to make arrangements for a CASA officer to observe a relevant operation on written request by an Executive Manager of CASA, at CASA’s expense. This provides CASA with an express mechanism to gather first‑hand operational information. Failure to facilitate observation would be a failure to comply with the instrument and thus a failure of the condition for the exemption.

Interaction with existing enforcement powers: The instrument cross‑references Part 101 provisions and other CASR and Civil Aviation Act terms (cl 3(3)). Enforcement mechanisms and penalties for breaches of CASR or Civil Aviation Act provisions are governed by those instruments and statutes. The instrument does not modify Part 101 enforcement provisions; it only temporarily disapplies certain clauses for operators who satisfy Schedule 1. Therefore, any enforcement action for conduct outside the instrument’s terms or after the instrument’s expiry would proceed under existing CASR enforcement frameworks, not under this instrument’s text.

Administrative oversight and potential regulatory responses: The instrument’s reporting, CASA observation clause and the requirement that documented practices and procedures be CASA‑approved (cl 3(1) note; cl 6.1) create multiple administrative points at which CASA can assess safety performance and compliance. Those assessments could lead CASA to take regulatory actions permitted under CASR and the Civil Aviation Act, although the instrument itself does not specify a defined sequence of sanctions.

No new infringement regimes: The instrument contains no standalone infringement notice regime or specified pecuniary penalties. It does not create or amend offences or express civil penalty provisions within its text. Any civil or criminal consequences for non‑compliance would therefore derive from other statutory instruments (CASR, Civil Aviation Act) rather than from the instrument itself.

The instrument operates as a time‑limited modification to the application of certain Part 101 provisions of the Civil Aviation Safety Regulations 1998 and does so by creating exemptions that are conditional on compliance with Schedule 1. It therefore interacts with the CASR framework, the Part 101 Manual of Standards, ReOC and remote pilot licensing requirements, and the Civil Aviation Act 1988.

Disapplication and substitution: Clause 5(1) disapplies specified Part 101 provisions for eligible relevant operations by granting exemptions from reg 101.073 (BVLOS), reg 101.095 (weather and day limitations), reg 101.245 (operations near people), reg 101.280 (operations over a populous area), para 101.300(4)(b) and subreg 101.300(6) insofar as it concerns para 101.300(4)(b). Those exemptions do not repeal the underlying Part 101 rules; they remove their applicability to qualifying operations provided Schedule 1 conditions are met. The instrument thus temporarily substitutes a bespoke, instrument‑specific ruleset (Schedule 1) for those Part 101 requirements in the specified circumstances.

Dependence on CASR‑defined instruments and licences: The instrument uses terms and references from CASR and the Civil Aviation Act (cl 3(3)). Remote pilots must hold a remote pilot licence or be taken to hold one under subreg 202.461(3) of CASR (cl 3(1) defn of remote pilot). RPA operators must hold a ReOC (cl 3(1) defn of RPA operator). The documented practices and procedures concept is taken from the Part 101 Manual of Standards and must be approved by CASA (cl 3(1) note). Therefore, the instrument is operationally dependent on the existing regulatory statuses, licences and CASA approvals provided in other CASR instruments and guidance.

Precedence between instruments and operator procedures: Clause 6.3 states that in the event of inconsistency between the instrument and the operator’s documented practices and procedures, the instrument prevails. Operator documented practices and procedures must be consistent with the instrument for the exemption to apply (cl 6.2). The documented practices and procedures themselves are subject to CASA approval under Part 101 requirements as referenced in the instrument (cl 3(1) note; cl 6.1).

Reporting and oversight relationship with CASA: Clause 7 creates a data flow from operators to CASA, requiring monthly de‑identified reports and 72‑hour incident reporting. Clause 8 permits CASA, via an Executive Manager request, to observe operations. These clauses embed CASA oversight and information exchange into the instrument’s operation and interact with CASA’s broader regulatory oversight powers under CASR and the Civil Aviation Act. The reporting requirements do not alter CASA’s other powers but give CASA data and observation rights specific to these exempted operations.

Temporal and cross‑agency scope: The instrument applies only to police forces or services established by Commonwealth, State or Territory Acts that hold a ReOC (cl 3(1) defs and cl 4(3)). It therefore interacts with state and territory police institutional structures and with Commonwealth regulatory powers under CASR. The instrument does not purport to override state criminal law or other legal constraints such as privacy or trespass law; those remain separate legal regimes to which operators must also adhere. The instrument does not state that other laws are displaced.

No amendment of other statutes: The instrument does not amend the Civil Aviation Act 1988, CASR broader structure or other legislation; it is a delegated instrument that grants exemptions under delegated powers (made under regs 11.160 and 11.205 of CASR). It therefore sits within the delegated regulatory architecture and must be read together with other instruments it references.

Dependence on definitions outside the instrument: Several operative terms rely on meanings in other instruments, notably the Part 101 Manual of Standards and the CASR Dictionary (e.g. “emergency service operation”) as flagged in cl 3(1) and the associated notes. That means interpretive questions about those terms will turn on those other materials.

The instrument text supplied records a single instrument, CASA EX19/24 - Indoor Operation of RPA Near People and BVLOS - Exemption Instrument 2024, signed by the Director of Aviation Safety, Philippa Jillian Spence, on 26 April 2024 (instrument heading and signature block). Clause 1 sets the instrument name. Clause 2 sets commencement as the day after registration and automatic repeal at the end of 30 September 2024. The instrument contains no amendments, variations, repeals of earlier instruments, or schedules indicating prior versions. There is no text in the supplied instrument that records earlier amendments to this instrument or that the instrument is an amendment of an earlier instrument.

Because the instrument is time‑limited by clause 2(b), its practical history is limited to the period from commencement (day after registration) until 30 September 2024. Any subsequent amendments or extensions would need to appear in later instruments; none are present in the provided text.

The instrument references other instruments and standards (Civil Aviation Safety Regulations 1998, Part 101 Manual of Standards, Civil Aviation Act 1988) but does not amend them. Clause 3(3) makes clear that undefined terms take their ordinary meaning in or under the Civil Aviation Act 1988 and its regulations, preserving the interpretive links rather than substituting new definitions.

For users tracking regulatory change: the instrument’s temporary expiry date creates an automatic sunset unless replaced or extended by a further instrument. The text contains no transitional provisions for operations that commence but end after the expiry date, nor any retrospective change data; it simply repeals at the specified expiry.

No further historical notations, commencement notices or legislative amendments are included in the source. Any amendment history beyond this single instrument would need to be drawn from the public instruments register or subsequent instruments; none of that material is included in the supplied text.

The supplied instrument contains no litigation history, and it does not cite or reference any judicial decisions. There are no cases named in the instrument. The instrument is administrative and regulatory in nature; any litigation that might subsequently arise from actions taken under or in contravention of the instrument would occur in judicial or tribunal proceedings under the Civil Aviation Act 1988 and CASR enforcement frameworks, but there are no recorded proceedings in the instrument text.

Because this instrument is a delegated legislative instrument granting exemptions, disputes concerning its operation could conceivably give rise to administrative law challenges, enforcement proceedings under CASR or civil claims arising from incidents during a relevant operation. The instrument itself does not record any settled practice or case law, and it does not specify dispute resolution mechanisms beyond the CASA oversight, reporting and observational rights it creates.

If a reader needs to know whether any judicial interpretation or challenge exists, that information is not in the instrument; practitioners should search court and tribunal databases and CASA’s registers for any post‑adoption litigation or administrative actions that involve CASA EX19/24. The instrument as provided does not supply such material.

This instrument contains numerous specific operational constraints and definitions where an apparent surface reading may mislead. The following are concrete points from the text that practitioners and operators should note precisely as written.

Narrow operator eligibility until expiry: Although the instrument refers to “emergency service RPA operation” and “emergency service RPA operator” in definitions, clause 4(3) expressly narrows the instrument’s applicability until 30 September 2024 to police forces or services only, and requires the remote pilot to be a sworn police officer of that operator. Other emergency services, private operators, or non‑sworn pilots cannot rely on the exemptions during the instrument’s life unless later instruments change that eligibility (cl 4(3)).

Definition of internal operation and the 30 m rule: “Internal operation” includes operation within any building, structure or other human‑created space and within 30 m of a person, whether or not the RPA could escape the internal place if control is lost (cl 3(1)). That wording brings within scope operations in semi‑enclosed or partially open spaces if the RPA is within 30 m of a person. The definition does not require the operation to be physically contained. Practitioners should not assume that “internal” equals strictly inside a fully enclosed room.

Strict shield specification: A “shield” is narrowly defined: it must be a solid physical barrier (not a moving vehicle), lie between a person and the RPA, not move or flex, be structurally sufficient to prevent the RPA or debris impacting a person, and be likely to retain those characteristics during the operation (cl 3(1) defn of shield). The instrument’s effectiveness depends on that definition; a tent, flexible barrier or vehicle would not qualify if it moves or flexes.

Exposed rotating parts rule varies by shielding: For operations involving unshielded persons the RPA must have no exposed rotating parts that could lacerate human skin upon impact (cl 4.1(e)). There is no mandatory ban on exposed rotating parts for shielded operations; the instrument notes CASA’s recommendation to avoid them, but that is not a requirement for a shielded operation (cl 4.1(e) note). Operators must therefore ensure configuration differences are tracked in documented practices and procedures (cl 6.1(a)(iv)).

Flight controller limit and override requirement: Clause 4.2 requires that before a relevant operation the flight controller be set to limit maximum speed to 5 m/s and so configured that exceeding that speed requires an intentional and deliberate override by the remote pilot. The instrument explicitly states this applies even in the event of GNSS failure. It therefore imposes both a technical configuration duty and an operational assurance duty that must be demonstrable for compliance purposes.

Table 4.4 complexity and increased speed condition: Table 4.4 prescribes different speed and height caps depending on proximity. It allows increased speed up to 5 m/s in some bands (item 2) but only if the operator’s risk assessment covers the safety implications of the increase (cl 4.5(b)). Practitioners must ensure risk assessments are operation‑specific and that any authorisation to increase speed is documented and retained per cl 6.1(f) and (g).

No continuous overflight prohibition: Clause 4.6 prohibits “continuous overflight of any person or moving vehicle”. The instrument does not define “continuous” in temporal or spatial terms. Operational planners must interpret the intended meaning conservatively and document the operational procedures that avoid creating a continuous overflight scenario.

Transit operations height limit relative to surrounding structures: For transit operations, the RPA must not be flown at a height greater than the tallest structure within 150 m horizontally of the RPA (clause 5). This is a non‑standard spatial rule: it ties permissible height to local structural maxima rather than a fixed altitude ceiling.

Documented practices must be CASA‑approved and can be overruled: The documented practices and procedures referenced must be approved by CASA (cl 3(1) note; cl 6.1). However, clause 6.3 states the instrument prevails over documented practices where inconsistent. That creates a hierarchy where documented procedures must align with the instrument’s clauses and be amenable to CASA approval and oversight.

Reporting obligations are operationally specific and frequent: Relevant officers must provide monthly de‑identified reports to CASA (cl 7.2), with specified data fields, and must report any impact on a person or damage to property within 72 hours (cl 7.3). Personnel responsible for data collection must be identified and processes in place to meet these timelines; failure to do so undermines the condition that confers the exemption.

CASA observation at CASA’s expense: Clause 8 permits CASA to request observation and obliges the police force or service to make arrangements for a CASA officer to observe at CASA’s expense. The instrument is silent on limitations to the number of observers or the frequency of requests, other than that the request must be in writing by an Executive Manager of CASA. The practical coordination burden rests with the operator.

No penalties specified in the instrument: The instrument itself does not set out explicit penalties or enforcement procedures for non‑compliance; the sanction mechanism is the loss of exemption and exposure to normal CASR enforcement. Practitioners should not assume the instrument creates new statutory offences or civil penalties.

Temporal limit and transitional risk: The instrument expires on 30 September 2024 (cl 2). There is no transitional provision for operations that cross the expiry date. Operators must track the instrument’s lifecycle and plan for reversion to standard Part 101 rules after expiry or for any replacement instrument.

Dependencies on external definitions and approvals: Several operative phrases rely on meanings and approvals outside the instrument (definitions in the Part 101 Manual of Standards, reg 202.461(3) for deemed licences, etc.). Those external references are essential to practical compliance but are not contained in the instrument text; operators must consult the referenced material.

Compliance is a condition for obtaining and retaining the exemptions. The instrument is prescriptive; operators should implement the following concrete measures aligned to the Schedule 1 requirements.

1. Confirm eligibility and governance

• Ensure the RPA operator is a police force or service established under relevant legislation and that the operator holds a current ReOC under Part 101 (cl 3(1) defs; cl 4(3)). Confirm that remote pilots are sworn police officers and hold a remote pilot licence or are taken to hold one under subreg 202.461(3) of CASR (cl 3(1) defn of remote pilot).

2. Prepare and obtain CASA approval for documented practices and procedures

• Draft documented practices and procedures consistent with the Part 101 Manual of Standards and include the items required in clause 6.1:
  • a schedule of RPA to be used, with make/model/configuration/gross weight and failsafe methods to ensure no exposed rotating parts where required (cl 6.1(a));
  • instructions for remote pilots and crew to ensure compliance with speed/height/proximity rules (cl 6.1(b));
  • shield assessment methodology (cl 6.1(c));
  • control link integrity monitoring and loss of link procedures (cl 6.1(d));
  • training/testing procedures and record retention for personnel (cl 6.1(e)-(f));
  • processes for risk assessment execution, documentation, communication and retention (cl 6.1(g));
  • abnormal operating procedures for internal operations (cl 6.1(h)).
• Submit these documented practices and procedures to CASA for approval and retain proof of approval; remember they must be re‑approved if materially changed (cl 3(1) note).

3. Risk assessment processes

• Establish a pre‑operation risk assessment workflow compliant with Schedule 1 cl 2.1-2.3 that explicitly addresses mode interruption, malfunction or failure and the implications of increasing speed if envisaged (cl 2.2). Ensure risk assessments record that the risk of serious injury is minimal and property damage is as low as reasonably practicable before commencing operations (cl 2.3). Retain records as required by cl 6.1(f) and (g).

4. Technical and configuration controls

• Configure RPA flight controllers before each relevant operation to limit maximum speed to 5 m/s and ensure that exceeding that limit requires a deliberate override by the remote pilot (cl 4.2). Verify that this limit remains effective even in the event of GNSS failure (cl 4.2 note).
• For operations involving unshielded persons, ensure RPA have no exposed rotating parts that could lacerate human skin upon impact (cl 4.1(e)); for shielded operations, document the rationale for any exposed rotating parts in the operator’s documented practices and procedures and follow CASA’s recommendation to avoid them where practicable.

5. Operational limits and procedures

• Apply the basic proximity rule: RPA may operate within 30 m of a person but not closer than 1 m (cl 4.1(a)). Maintain the slowest practicable speed compatible with operation success and only move where the remote pilot has visibility of the travel direction via direct vision, an observer, or live electronic images (cl 4.1(b)-(c).
• For unshielded person operations, apply Table 4.4 limits: for distances less than 30 m but ≥5 m, speed up to 3 m/s (increased up to 5 m/s only if risk assessment covers it) and height up to 5 m; for distances <5 m but ≥1 m, speed up to 1.5 m/s (no increased speed permitted) and height up to 3 m (cl 4.4-4.5).
• Ensure no continuous overflight of any person or moving vehicle (cl 4.6). Define and document what constitutes “continuous overflight” for operational crews to ensure consistent application.
• For shielded ESROs, apply the 5 m/s speed limit and 3 m height restriction, while still complying with proximity and visibility requirements (cl 4.3).

6. Transit operations

• For transit operations, do not fly higher than the tallest structure within 150 m horizontally of the RPA; document how tallest‑structure height will be assessed and recorded in pre‑flight planning (clause 5).

7. Shield design and assessment

• If relying on shields, ensure the shield design meets the instrument’s strict non‑moving, non‑flexing, impact‑resistant definition and can demonstrably prevent RPA and debris from impacting persons (cl 3(1) shield definition; cl 6.1(c)). Document fit‑for‑purpose assessments and maintain those records.

8. Control link monitoring and loss of link

• Establish procedures for monitoring control link integrity and loss of link contingencies as required by cl 6.1(d). These procedures must be included in documented practices and procedures and demonstrated in training and testing.

9. Training, testing and record keeping

• Train remote pilots and operating crew to the standards specified in documented practices and procedures (cl 6.1(e)). Test competence, retain records of training and tests (cl 6.1(f)), and document how risk assessments, approvals for speed increases and other decisions are recorded and retained (cl 6.1(g)). Ensure documented practices and procedures govern abnormal operating procedures (cl 6.1(h)).

10. Reporting and data flows to CASA

• Implement data collection processes to produce the monthly de‑identified report fields specified in cl 7.2, and implement an incident reporting workflow to provide required details within 72 hours if an RPA collides with a person, shield, or property (cl 7.3). Assign responsibilities to the Commissioner and CEO (or their delegates) for ensuring timely reporting (cl 7.1-7.2). Keep copies of submitted reports.

11. CASA observation readiness

• Prepare to facilitate CASA observation requests from an Executive Manager of CASA, including administrative arrangements and operational windows for observations. Be aware that CASA bears the expense of the observer (clause 8).

12. Operational audit and internal compliance

• Regularly audit operations against documented practices and procedures and Schedule 1 requirements. Because the instrument prevails over the documented practices where inconsistent (cl 6.3), ensure documented procedures are updated to reflect the instrument and that crew are briefed on the instrument’s supremacy.

13. End of instrument planning

• Because the instrument expires on 30 September 2024 (cl 2), plan for operations post‑expiry: either revert to compliance with standard Part 101 requirements, seek alternative approved procedures, or monitor for subsequent instruments or amendments extending or replacing these exemptions.

Following these discrete steps, documenting compliance decisions, and preserving evidence (approvals, risk assessments, configuration settings, training records, and reported data) will be necessary to demonstrate that the operator and remote pilots have the benefit of the exemptions while operating under CASA EX19/24.